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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Mayank J. Shah – Appellant
Versus
Raju V. Shah – Respondent
| Table of Content |
|---|
| 1. section 37 petition challenges section 17 impleadment order (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appeal maintainable per provision purportedly invoked (antikeros) (Para 7 , 8 , 9 , 10 , 11) |
| 3. trust separates beneficial from legal partnership interest (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. partnership cessation reserved for final adjudication (Para 19 , 20 , 21 , 22) |
| 5. partial joinder ensures natural justice and comprehensive ruling (Para 23 , 24 , 25 , 26) |
| 6. no interference warranted; costs deferred to tribunal (Para 27 , 28 , 29 , 30 , 31) |
JUDGEMENT :
SOMASEKHAR SUNDARESAN, J.
Context and factual background
1. This is a Petition filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking interference with an order purportedly passed under Section 17 of the Act, by which an impleadment Application came to be allowed by the Learned Arbitral Tribunal.
2. Ordinarily, an order of impleadment which is part and parcel of procedural directions and indeed even affecting substantive rights of the parties owing to joinder being allowed, would not be appealable under Section 37(2)(b) of the Act. The jurisdiction under Section 37 is one that enta
Appeal under Section 37(2)(b) maintainable against joinder order passed under Section 17; no merit where partner retains legal title to LLP share despite assigning beneficial interest via trust, allo....
A non-signatory party could be subjected to arbitration provided these transactions were with group of companies and there was a clear intention of the parties to bind both, the signatory as well as ....
Non-signatory cannot be impleaded in arbitration absent conduct showing consent via participation in contract's negotiation, performance or termination; substantial financial interest alone insuffici....
Impleadment of non-signatories in arbitration proceedings is impermissible unless a direct contractual relationship exists, underscoring the importance of party autonomy.
The jurisdiction of an arbitral Tribunal is restricted to the four corners of the agreement and to persons who are parties to the agreement.
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